"'Leaving Entire Estate to Daughter...' Why the Court Ruled the SNS Will Invalid"

Chinese Mother Leaves Will on Messenger 'WeChat'
"Expressed Inheritance to Daughter" but Court Blocks
Similar in Korea... Must Meet Civil Law Requirements

A ruling that a will left through social networking services (SNS) in China is invalid has attracted the attention of netizens.

Recently, the People's Court of Huangpu District in Shanghai, China, ruled that the contents of a will left on SNS have no legal effect and are invalid, according to a report by the Hong Kong South China Morning Post (SCMP) on the 26th.

"Will leaving all assets to daughter" SNS will ruled invalid

Zhao, a mother who passed away in 2021, said in a family chat group on the mobile messenger 'WeChat' before her death that she was in a critical condition and wanted to write a will. She then left a will stating that she wanted to leave all her assets to her daughter, Chen.

Zhao was a single mother and intended to bequeath her house, car, stocks, and bank deposits to Chen. She also conveyed to her daughter before her death that the debts she held should be forgiven.

However, after the mother's death, Chen found out that all her mother's assets were taken by her grandmother. The grandmother was living with her own son and wanted Zhao's inheritance to go to her son. She had never discussed this with her granddaughter.

Chen filed a lawsuit against her grandmother, but the court ruled the will invalid. The court explained, "The WeChat will is not included among the six types of wills legally recognized under Chinese civil law," and added, "Assets should be equally distributed among family members."

In China, legally effective forms of wills are reported to include: notarized wills, handwritten wills by the testator or a person on behalf of the testator, audio recordings, video recordings, signed documents, and oral wills with at least two witnesses.

In response to this news, Chinese netizens criticized the outdated court system, saying things like "Legal reform is needed" and "The law is obsolete," SCMP reported.

Korean wills have five forms... each must meet specific requirements

Woori Bank's launched 'Woori Naeri Love Will Notarization Storage Service'.
[Image source=Woori Bank]

In South Korea as well, the prevailing opinion is that SNS wills are unlikely to receive legal support. According to the Civil Act, the forms of wills include: holographic wills, recorded wills, notarized wills, secret wills, and oral wills. To activate the effect of each will, the specific requirements for each type must be precisely met.

In 2018, there was a case where a father filmed a video saying, "Will document. The testator wills as follows: divide the land with the eldest son, and the eldest son should give 20 million won each to the daughters," but it was ruled invalid.

Under the Civil Act, a 'recorded will' requires the testator to state the purpose of the will, their name, and the date the will was made, and also requires the presence and oral statements of witnesses. However, the video in question did not meet these requirements, and the father's assets were reportedly distributed according to the statutory proportions.

This content was produced with the assistance of AI translation services.